Allowed

The Union of India and Ors. v. Ex-Constable, Force No. 89008021 Nirmal Kumar Sharma

Gauhati HC3 Nov 2024I.A.(Civil)/2450/2024

Case brief

AI extract

What is this about?

This Interlocutory Application was disposed of allowing the condonation of delay in filing a connected appeal. The High Court found the applicants' explanation satisfactory and directed registration and listing of the appeal.

What did the court decide?

The delay in filing the connected appeal is condoned. The appeal is to be registered and listed for admission after two weeks.

The Union of India and Ors. Vs Ex-Constable, Force… — Service and Employment | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010126982024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/2450/2024

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THE UNION OF INDIA and ORS

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REP. BY THE SECY, MINISTRY OF HOME AFFAIRS, JAISELMER HOUSE, 26, MAN SINGH ROAD, NEW DELHI, PIN-110011

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2: THE DIRECTOR GENERAL

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BORDER SECURITY FORCE CENTRAL GOVT. OFFICE COMPLEX

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LODHI ROAD, NEW DELHI, PIN-110003

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3: THE INSPECTOR GENERAL

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BORDER SECURITY FORCE

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SHILLONG, MEGHALAYA, PIN-793006

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4: THE COMMANDANT

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128 BATTALION

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BORDER SECURITY FORCE

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PATGAON, GUWAHATI, ASSAM, PIN-781017

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5: NAIMUDDIN

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THE THEN COMMANDANT 128 BATTALION ORDER SECURITY FORCE

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TO BE SERVED THROUGH THE RESPONDENT NO.

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VERSUS

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EX-CONSTABLE, FORCE NO. 89008021 NIRMAL KUMAR SHARMA S/O SHRI PREM NATH SHARMA, VILL KUNDE LALOWAL, P.O.JANGAL, TEHSIL GURDASPUR, DIST GURDASPUR, PUNJAB, PIN CODE - 143521

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Advocate for the Petitioner : MR H GUPTA,

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Advocate for the Respondent : MR. R MAZUMDAR (R-1), MS T WAPANGLA(R-1),MR. R

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Page No.# 2/3

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DEKA(R-1),MR P RAI(R-1)

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Linked Case : CRP/0/0

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THE UNION OF INDIA and ORS

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REPRESENTED BY SECY TO GOVT OF INDIA MINISTRY OF HOME AFFAIRS JAISELMER HOUSE NO 26 MAN SINGH ROAD NEW DELHI 110011

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2: The Director General Border Security Force CENTRAL GOVT OFFICE COMPLEX LODHI ROAD NEW DELHI

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3: The Inspector General Border Security Force SHILLONG MEGHALAYA

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4: The Commandant 128 BATTALION BORDER SECURITY FORCE PATGAON GUWAHATI

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VERSUS

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EX-CONSTABLE FORCE NO. 89008021 NIRMAL KUMAR SHARMA S/O SHRI PREM NATH SHARMA VILL KUNDE LALOWAL P.O.JANGAL, TEHSIL GURDASPUR DIST GURDASPUR, PUNJAB PIN CODE - 143521

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For applicant(s)/appellant(s) : Mr. H. Gupta, Advocate

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For respondent(s) : Ms. T. Wapangla, Advocate

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– BEFORE –

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HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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04.11.2024

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(Vijay Bishnoi, C

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Heard Mr. H. Gupta, learned counsel appearing for the applicants. Also heard Ms. T. Wapangla, learned counsel appearing for the respondent No. 1.

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The matter comes upon for consideration of the prayer to condone the delay

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of 270 days in filing the connected appeal.

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Affidavit-in-opposition has been filed on behalf of the non-applicants contending that, in fact, the delay is not only of 270 days but of more than 300 days. It is also contended in the affidavit that the delay has not been satisfactorily explained by the applicants and, therefore, no case for condoning the delay in filing the connected appeal is made out.

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Having heard the learned counsel for the parties and after going through the contents of the application under Section 5 of the Limitation Act, 1963 as well as the counter affidavit filed on behalf of the non-applicants, we are of the view that the delay in filing the connected appeal is liable to be condoned.

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Hence, this Interlocutory Application is allowed. The delay in filing the connected appeal is condoned.

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Registry is directed to register the connected appeal and list the same for admission after two weeks.

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JUDGE CHIEF JUSTICE

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Comparing Assistant

The Union of India and Ors. v. Ex-Constable, Force No. 89008021 Nirmal Kumar Sharma

Case brief

What is this about?

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The Union of India and Ors. v. Ex-Constable, Force No. 89008021 Nirmal Kumar Sharma

Case brief

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What did the court decide?

What the court decided

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